J ' f'l '

15
(J ' f'""l ' 11nittb 6tatti 6tnatt Ms .leslie lake ,Acting Coordinator Tyngsboro Citizens for a Safe E)')v1rorrnent P.O. Box 139 Tyngsboro,MA . 01879 lloopectfully nfernd ID . lid'.' 1 : ux<") f Eh\tircrmmal Protecticn .I Rfl, ,t. REI "'-iltmc:e ........ die .cc.chld corr..,...wa. I • liiNordilw lh1l 1D 'IOU 6w - •ttllltian ..... Clllllll.-.clan, ..... _,.., .... _ ,.,... ., .... ot nply cllnctly CD 1M antlcu..t, with cq>y-ID•.C• 2* Jahl r. _..., .-.... u llulldlfta -c..c. ..._ . "--'-U 0Z203 11-* ,.... ... ,.,... ..... Sllwanly,

Transcript of J ' f'l '

bull (J fl

11nittb 6tatti 6tnatt

Ms leslie lake Acting Coordinator Tyngsboro Citizens for a Safe E))v1rorrnent POBox 139 TyngsboroMA 01879

lloopectfully nfernd ID bull lid 1 uxlt)

R~fI- middot 1 f

Ehtircrmmal Protecticn ~~hmiddot7~middot$~(middoto~ L I Rfl t REI 11 10i~

-iltmce -~eo~~die ccchld corrwa

I bull liiNordilw lh1l 1D IOU 6w - bullttllltian Clllllll-clan _bull _ ot nply cllnctly CD 1M antlcut with bull cqgty-IDbullCbull

2 Jahl r _ -u llulldlfta -cc _ ---U 0Z203

11- c~ t-c~a~

Sllwanly

~

KCYIN E COUOttlIN CHAIIItMAH

THADDKamp 0 GAUDCTTI

ltlrgngsborougll Ji~assacqusetts BOARD OF HEALTH

IOHN P IMampRSON lit DUtCCTOft Of -M HeALTH

MAYftiTA~IIITe

March 4 1982

Js George Trust Chllrles George Reclemat I on Trust OtmsttJle Rod Tyngsborough Mluechusetts 01879

Or Nr George

Inspections of your Senlt11ry Lendflll site off c lngs ReNd In Tyngsborough Mlsuchusetts hllve been conducted over the lnt two C2J -=-ntha bulllth 11 flnl Inspection on Sturdey Februbulliy 20- 1M2 by this office The Inspections rewealeel the following violations of 310 0laquo 1900 Dlspowl of Solid bullbullbullbullbull By Sanlt11ryL-Illi bull

~middot j 1904 The al te hft not been prepbullred KCOrd Ing to the

pl0t11 llled

1105 (I J The proper equiPMftt Is not on the sl te shy

1906 C I) The COfer terlel Ia I~~proper

UJ There wea not bull two w~th quentltr of cover _terl1l on the site

1901 There Is no lghlng stat ion et the site

1909 C 1) There Ia no ltidequ11fe fire protection et the site

(2) There Is no proprlbulltbull tree for hOt L~ds

19 10_ (1) The ~cess rNd Is In very poor repair

19 11 Cll The refuse bulln not conf i ned tot smell trH 11 required middot

O l The working area of the landf i h was not confined

C4 l Refuse bullas not work lng area

being ~sited at the btse of the

) Regulation Continued)

1912 (I) Sulteble measures vere not taken to minimize the scattering of windblown litter

C2raquo No provtalons for the corlfrol of wlndblo101n litter were evident

() The erea of the Sanitary Landfill was not very clean as provided for In the regulatIons

19 14 11) The operator was not evenly spreading all refuse In shallow layers

12) The qarator wes not cOtrlactlng the refuse properly

C)) The refuse was spreR with slopes exceeding30 dogr-

(5) It appeared thlit refuse Nd been placed In an erH of groundwater

1915 Cl) heel not hed eMily cover plKed overf-

C2l lntercflate COYlaquo hid not been pleced In 10111e arHs and In other arMs It was not In COIIpllanc with these regulations

) 0) Areas of the landfill had not Mel flntl cover

as required

1919 Sui t~le -aures tave not Mn taken to bulllnlbulllre and control dust on the site end KUII roed Mel the edjolnlng propert ln

1921 nbull site does not bulllnlmlze erosion prevent the collection of shndlna 1111ter control surfce water runoff or drain off surf1ce w1ter properly

19 26 The areu of the landfIll that have been c~leted have not been CIPPId or stabilized properly

Please be advised thlt you are h-ereby orderod to correct the aforementioned violations Jdlatelyi and that a full relnspectlon shalt be made In thirty (30) days to insure eonpllance IIIIth thne r~latlons middot

It you have any questions concerning this matter please do not hesitate to call 1Miedlatel~

Sincerely

JPEJoc

Copy to

J M Geary Jr Town Counsel F X Bellotti Attorney General 5 M Leonard Attorney Generals Office S K Becker Attorney General s Office A Lauderk EPA Enfor~t Dlwlslon Dr A Cor teN OEOE G Joll DEllE

) dr~ugshoroug~ ~ltssac~nsetis middotmiddot l bull--

MEVIN C CQUCJHUN CHAIMAH

THAOOIZOCIAUICCTTamp

MAIIIY ITAIII~

BOARD OF HEALTH

Mr James George Trustee Charles George Reetemat ion Trust Dunshble Road Tynrgsborough Massachusetts 01879

Dear Mr George

EPD

JOHN P aMUISON J-- OlltCCTO 01 IULIC NL

March 1S 1982

The following Is update of av latest Inspection perforct In the preunce of Mr John Desmoncl Mr Dave Salvadore of DEOE Mr Ntlter ErlkMn Hezardous Waste Coordinator for the TCM~nmiddot of Tyngsborough Mr CNirlH George Jr end Mr Ja George Trvat for ttw Cher Lea George Land Reelaut lon Trust

Hoving oddmMCI tile problbulls lvlolotlonsl tliot existed In 1 preVIous Inspection ctted februery 20 1912 11 listed In wlolttlon tetter of March 4 ISJI2 to find thlt ry wtotatlon thlt w11 noted on this Inspection bullbullbull Indeed eddreuecl or was In the proeeaa of being corrected wu wery gratifying I wn aho plelled to find how far along the middotnew reclrculetlon ayatbull w11 end tile lnforNtlon tt tile IIbull fr- Involved to get It -letely on line bullbull being March 31 1912

Mr SlY~~-=t~=do~1~t~h~~= ~=-=tlon Truat for thelltt ~ration In thll entire Nt~er 1 look fCNWard to our next tlng and In keeping an o~ line of CG~MUnlcatlon hopefully brlnlng Molt a aolutlon thlt Is acc~t~le to all partles concerned

Co~y to J M Geary Jr F X Bellott i S ~ leonard

amp1( ampockebull

Very Truly Yours

A liUderback Or A Cor tese G Joll

DEPARTMENT OF THE ATTORNEY GENERAL

W oiDMN W Ma DDMADil aTATC DrtDIE 8UILDING

DNI AeHeU-MN ~~DII eDIITDN D81De

) l~J

1-tarch 24 1982

Suaan Bears 78 Cannongate Road Tyngsboro I1A 01079

Concerned Citizens of Tyngsboro co Mr Jerry Hudak 4 Axletree Road Tyn9 sboro HA 01879

Tyngsboro Citizenbull For A Safe Environment P O Box 139 Tyngaboro HA 01879

Thia office aharea your concern about potential drinking

water contamination at the Cannongate apartment complex Our

client the Maaaachuaetta Deprtment of Envirorunental Quality

Bngineering in conjunction with the United Stataa nvironMnt~l

Protection ~qeney haa tasted an4 will continua to monitor tha ~

) drinkinq middotwater at that c01Dplax to inaura that it remaina aafa

for hwun conaumption Another round of taating and analyaia

vaa initiated on March 15 Reaulta will be made aVailable aa

aoon aa we have them

There ia currently not aufficient evidence middotto eatabUah

in court that the chemical contaminantbull detected in trace levela

in the Cannon9ate well originate at the Charlea George landfill

Ke are nevarthaleaa carefully overaeeing the landfill a coapli-

ance wit the court judqment to make aure that it h run properly

and that qroundwater contamination ia eliminated

I underatan1 the concernbull that were generated by recent ~ IUCjgeations that the landfill ia not in compliance with regulashy

tiona and with the judqrent I believe that thoae auggeationl

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

KCYIN E COUOttlIN CHAIIItMAH

THADDKamp 0 GAUDCTTI

ltlrgngsborougll Ji~assacqusetts BOARD OF HEALTH

IOHN P IMampRSON lit DUtCCTOft Of -M HeALTH

MAYftiTA~IIITe

March 4 1982

Js George Trust Chllrles George Reclemat I on Trust OtmsttJle Rod Tyngsborough Mluechusetts 01879

Or Nr George

Inspections of your Senlt11ry Lendflll site off c lngs ReNd In Tyngsborough Mlsuchusetts hllve been conducted over the lnt two C2J -=-ntha bulllth 11 flnl Inspection on Sturdey Februbulliy 20- 1M2 by this office The Inspections rewealeel the following violations of 310 0laquo 1900 Dlspowl of Solid bullbullbullbullbull By Sanlt11ryL-Illi bull

~middot j 1904 The al te hft not been prepbullred KCOrd Ing to the

pl0t11 llled

1105 (I J The proper equiPMftt Is not on the sl te shy

1906 C I) The COfer terlel Ia I~~proper

UJ There wea not bull two w~th quentltr of cover _terl1l on the site

1901 There Is no lghlng stat ion et the site

1909 C 1) There Ia no ltidequ11fe fire protection et the site

(2) There Is no proprlbulltbull tree for hOt L~ds

19 10_ (1) The ~cess rNd Is In very poor repair

19 11 Cll The refuse bulln not conf i ned tot smell trH 11 required middot

O l The working area of the landf i h was not confined

C4 l Refuse bullas not work lng area

being ~sited at the btse of the

) Regulation Continued)

1912 (I) Sulteble measures vere not taken to minimize the scattering of windblown litter

C2raquo No provtalons for the corlfrol of wlndblo101n litter were evident

() The erea of the Sanitary Landfill was not very clean as provided for In the regulatIons

19 14 11) The operator was not evenly spreading all refuse In shallow layers

12) The qarator wes not cOtrlactlng the refuse properly

C)) The refuse was spreR with slopes exceeding30 dogr-

(5) It appeared thlit refuse Nd been placed In an erH of groundwater

1915 Cl) heel not hed eMily cover plKed overf-

C2l lntercflate COYlaquo hid not been pleced In 10111e arHs and In other arMs It was not In COIIpllanc with these regulations

) 0) Areas of the landfill had not Mel flntl cover

as required

1919 Sui t~le -aures tave not Mn taken to bulllnlbulllre and control dust on the site end KUII roed Mel the edjolnlng propert ln

1921 nbull site does not bulllnlmlze erosion prevent the collection of shndlna 1111ter control surfce water runoff or drain off surf1ce w1ter properly

19 26 The areu of the landfIll that have been c~leted have not been CIPPId or stabilized properly

Please be advised thlt you are h-ereby orderod to correct the aforementioned violations Jdlatelyi and that a full relnspectlon shalt be made In thirty (30) days to insure eonpllance IIIIth thne r~latlons middot

It you have any questions concerning this matter please do not hesitate to call 1Miedlatel~

Sincerely

JPEJoc

Copy to

J M Geary Jr Town Counsel F X Bellotti Attorney General 5 M Leonard Attorney Generals Office S K Becker Attorney General s Office A Lauderk EPA Enfor~t Dlwlslon Dr A Cor teN OEOE G Joll DEllE

) dr~ugshoroug~ ~ltssac~nsetis middotmiddot l bull--

MEVIN C CQUCJHUN CHAIMAH

THAOOIZOCIAUICCTTamp

MAIIIY ITAIII~

BOARD OF HEALTH

Mr James George Trustee Charles George Reetemat ion Trust Dunshble Road Tynrgsborough Massachusetts 01879

Dear Mr George

EPD

JOHN P aMUISON J-- OlltCCTO 01 IULIC NL

March 1S 1982

The following Is update of av latest Inspection perforct In the preunce of Mr John Desmoncl Mr Dave Salvadore of DEOE Mr Ntlter ErlkMn Hezardous Waste Coordinator for the TCM~nmiddot of Tyngsborough Mr CNirlH George Jr end Mr Ja George Trvat for ttw Cher Lea George Land Reelaut lon Trust

Hoving oddmMCI tile problbulls lvlolotlonsl tliot existed In 1 preVIous Inspection ctted februery 20 1912 11 listed In wlolttlon tetter of March 4 ISJI2 to find thlt ry wtotatlon thlt w11 noted on this Inspection bullbullbull Indeed eddreuecl or was In the proeeaa of being corrected wu wery gratifying I wn aho plelled to find how far along the middotnew reclrculetlon ayatbull w11 end tile lnforNtlon tt tile IIbull fr- Involved to get It -letely on line bullbull being March 31 1912

Mr SlY~~-=t~=do~1~t~h~~= ~=-=tlon Truat for thelltt ~ration In thll entire Nt~er 1 look fCNWard to our next tlng and In keeping an o~ line of CG~MUnlcatlon hopefully brlnlng Molt a aolutlon thlt Is acc~t~le to all partles concerned

Co~y to J M Geary Jr F X Bellott i S ~ leonard

amp1( ampockebull

Very Truly Yours

A liUderback Or A Cor tese G Joll

DEPARTMENT OF THE ATTORNEY GENERAL

W oiDMN W Ma DDMADil aTATC DrtDIE 8UILDING

DNI AeHeU-MN ~~DII eDIITDN D81De

) l~J

1-tarch 24 1982

Suaan Bears 78 Cannongate Road Tyngsboro I1A 01079

Concerned Citizens of Tyngsboro co Mr Jerry Hudak 4 Axletree Road Tyn9 sboro HA 01879

Tyngsboro Citizenbull For A Safe Environment P O Box 139 Tyngaboro HA 01879

Thia office aharea your concern about potential drinking

water contamination at the Cannongate apartment complex Our

client the Maaaachuaetta Deprtment of Envirorunental Quality

Bngineering in conjunction with the United Stataa nvironMnt~l

Protection ~qeney haa tasted an4 will continua to monitor tha ~

) drinkinq middotwater at that c01Dplax to inaura that it remaina aafa

for hwun conaumption Another round of taating and analyaia

vaa initiated on March 15 Reaulta will be made aVailable aa

aoon aa we have them

There ia currently not aufficient evidence middotto eatabUah

in court that the chemical contaminantbull detected in trace levela

in the Cannon9ate well originate at the Charlea George landfill

Ke are nevarthaleaa carefully overaeeing the landfill a coapli-

ance wit the court judqment to make aure that it h run properly

and that qroundwater contamination ia eliminated

I underatan1 the concernbull that were generated by recent ~ IUCjgeations that the landfill ia not in compliance with regulashy

tiona and with the judqrent I believe that thoae auggeationl

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

) Regulation Continued)

1912 (I) Sulteble measures vere not taken to minimize the scattering of windblown litter

C2raquo No provtalons for the corlfrol of wlndblo101n litter were evident

() The erea of the Sanitary Landfill was not very clean as provided for In the regulatIons

19 14 11) The operator was not evenly spreading all refuse In shallow layers

12) The qarator wes not cOtrlactlng the refuse properly

C)) The refuse was spreR with slopes exceeding30 dogr-

(5) It appeared thlit refuse Nd been placed In an erH of groundwater

1915 Cl) heel not hed eMily cover plKed overf-

C2l lntercflate COYlaquo hid not been pleced In 10111e arHs and In other arMs It was not In COIIpllanc with these regulations

) 0) Areas of the landfill had not Mel flntl cover

as required

1919 Sui t~le -aures tave not Mn taken to bulllnlbulllre and control dust on the site end KUII roed Mel the edjolnlng propert ln

1921 nbull site does not bulllnlmlze erosion prevent the collection of shndlna 1111ter control surfce water runoff or drain off surf1ce w1ter properly

19 26 The areu of the landfIll that have been c~leted have not been CIPPId or stabilized properly

Please be advised thlt you are h-ereby orderod to correct the aforementioned violations Jdlatelyi and that a full relnspectlon shalt be made In thirty (30) days to insure eonpllance IIIIth thne r~latlons middot

It you have any questions concerning this matter please do not hesitate to call 1Miedlatel~

Sincerely

JPEJoc

Copy to

J M Geary Jr Town Counsel F X Bellotti Attorney General 5 M Leonard Attorney Generals Office S K Becker Attorney General s Office A Lauderk EPA Enfor~t Dlwlslon Dr A Cor teN OEOE G Joll DEllE

) dr~ugshoroug~ ~ltssac~nsetis middotmiddot l bull--

MEVIN C CQUCJHUN CHAIMAH

THAOOIZOCIAUICCTTamp

MAIIIY ITAIII~

BOARD OF HEALTH

Mr James George Trustee Charles George Reetemat ion Trust Dunshble Road Tynrgsborough Massachusetts 01879

Dear Mr George

EPD

JOHN P aMUISON J-- OlltCCTO 01 IULIC NL

March 1S 1982

The following Is update of av latest Inspection perforct In the preunce of Mr John Desmoncl Mr Dave Salvadore of DEOE Mr Ntlter ErlkMn Hezardous Waste Coordinator for the TCM~nmiddot of Tyngsborough Mr CNirlH George Jr end Mr Ja George Trvat for ttw Cher Lea George Land Reelaut lon Trust

Hoving oddmMCI tile problbulls lvlolotlonsl tliot existed In 1 preVIous Inspection ctted februery 20 1912 11 listed In wlolttlon tetter of March 4 ISJI2 to find thlt ry wtotatlon thlt w11 noted on this Inspection bullbullbull Indeed eddreuecl or was In the proeeaa of being corrected wu wery gratifying I wn aho plelled to find how far along the middotnew reclrculetlon ayatbull w11 end tile lnforNtlon tt tile IIbull fr- Involved to get It -letely on line bullbull being March 31 1912

Mr SlY~~-=t~=do~1~t~h~~= ~=-=tlon Truat for thelltt ~ration In thll entire Nt~er 1 look fCNWard to our next tlng and In keeping an o~ line of CG~MUnlcatlon hopefully brlnlng Molt a aolutlon thlt Is acc~t~le to all partles concerned

Co~y to J M Geary Jr F X Bellott i S ~ leonard

amp1( ampockebull

Very Truly Yours

A liUderback Or A Cor tese G Joll

DEPARTMENT OF THE ATTORNEY GENERAL

W oiDMN W Ma DDMADil aTATC DrtDIE 8UILDING

DNI AeHeU-MN ~~DII eDIITDN D81De

) l~J

1-tarch 24 1982

Suaan Bears 78 Cannongate Road Tyngsboro I1A 01079

Concerned Citizens of Tyngsboro co Mr Jerry Hudak 4 Axletree Road Tyn9 sboro HA 01879

Tyngsboro Citizenbull For A Safe Environment P O Box 139 Tyngaboro HA 01879

Thia office aharea your concern about potential drinking

water contamination at the Cannongate apartment complex Our

client the Maaaachuaetta Deprtment of Envirorunental Quality

Bngineering in conjunction with the United Stataa nvironMnt~l

Protection ~qeney haa tasted an4 will continua to monitor tha ~

) drinkinq middotwater at that c01Dplax to inaura that it remaina aafa

for hwun conaumption Another round of taating and analyaia

vaa initiated on March 15 Reaulta will be made aVailable aa

aoon aa we have them

There ia currently not aufficient evidence middotto eatabUah

in court that the chemical contaminantbull detected in trace levela

in the Cannon9ate well originate at the Charlea George landfill

Ke are nevarthaleaa carefully overaeeing the landfill a coapli-

ance wit the court judqment to make aure that it h run properly

and that qroundwater contamination ia eliminated

I underatan1 the concernbull that were generated by recent ~ IUCjgeations that the landfill ia not in compliance with regulashy

tiona and with the judqrent I believe that thoae auggeationl

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

Please be advised thlt you are h-ereby orderod to correct the aforementioned violations Jdlatelyi and that a full relnspectlon shalt be made In thirty (30) days to insure eonpllance IIIIth thne r~latlons middot

It you have any questions concerning this matter please do not hesitate to call 1Miedlatel~

Sincerely

JPEJoc

Copy to

J M Geary Jr Town Counsel F X Bellotti Attorney General 5 M Leonard Attorney Generals Office S K Becker Attorney General s Office A Lauderk EPA Enfor~t Dlwlslon Dr A Cor teN OEOE G Joll DEllE

) dr~ugshoroug~ ~ltssac~nsetis middotmiddot l bull--

MEVIN C CQUCJHUN CHAIMAH

THAOOIZOCIAUICCTTamp

MAIIIY ITAIII~

BOARD OF HEALTH

Mr James George Trustee Charles George Reetemat ion Trust Dunshble Road Tynrgsborough Massachusetts 01879

Dear Mr George

EPD

JOHN P aMUISON J-- OlltCCTO 01 IULIC NL

March 1S 1982

The following Is update of av latest Inspection perforct In the preunce of Mr John Desmoncl Mr Dave Salvadore of DEOE Mr Ntlter ErlkMn Hezardous Waste Coordinator for the TCM~nmiddot of Tyngsborough Mr CNirlH George Jr end Mr Ja George Trvat for ttw Cher Lea George Land Reelaut lon Trust

Hoving oddmMCI tile problbulls lvlolotlonsl tliot existed In 1 preVIous Inspection ctted februery 20 1912 11 listed In wlolttlon tetter of March 4 ISJI2 to find thlt ry wtotatlon thlt w11 noted on this Inspection bullbullbull Indeed eddreuecl or was In the proeeaa of being corrected wu wery gratifying I wn aho plelled to find how far along the middotnew reclrculetlon ayatbull w11 end tile lnforNtlon tt tile IIbull fr- Involved to get It -letely on line bullbull being March 31 1912

Mr SlY~~-=t~=do~1~t~h~~= ~=-=tlon Truat for thelltt ~ration In thll entire Nt~er 1 look fCNWard to our next tlng and In keeping an o~ line of CG~MUnlcatlon hopefully brlnlng Molt a aolutlon thlt Is acc~t~le to all partles concerned

Co~y to J M Geary Jr F X Bellott i S ~ leonard

amp1( ampockebull

Very Truly Yours

A liUderback Or A Cor tese G Joll

DEPARTMENT OF THE ATTORNEY GENERAL

W oiDMN W Ma DDMADil aTATC DrtDIE 8UILDING

DNI AeHeU-MN ~~DII eDIITDN D81De

) l~J

1-tarch 24 1982

Suaan Bears 78 Cannongate Road Tyngsboro I1A 01079

Concerned Citizens of Tyngsboro co Mr Jerry Hudak 4 Axletree Road Tyn9 sboro HA 01879

Tyngsboro Citizenbull For A Safe Environment P O Box 139 Tyngaboro HA 01879

Thia office aharea your concern about potential drinking

water contamination at the Cannongate apartment complex Our

client the Maaaachuaetta Deprtment of Envirorunental Quality

Bngineering in conjunction with the United Stataa nvironMnt~l

Protection ~qeney haa tasted an4 will continua to monitor tha ~

) drinkinq middotwater at that c01Dplax to inaura that it remaina aafa

for hwun conaumption Another round of taating and analyaia

vaa initiated on March 15 Reaulta will be made aVailable aa

aoon aa we have them

There ia currently not aufficient evidence middotto eatabUah

in court that the chemical contaminantbull detected in trace levela

in the Cannon9ate well originate at the Charlea George landfill

Ke are nevarthaleaa carefully overaeeing the landfill a coapli-

ance wit the court judqment to make aure that it h run properly

and that qroundwater contamination ia eliminated

I underatan1 the concernbull that were generated by recent ~ IUCjgeations that the landfill ia not in compliance with regulashy

tiona and with the judqrent I believe that thoae auggeationl

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

) dr~ugshoroug~ ~ltssac~nsetis middotmiddot l bull--

MEVIN C CQUCJHUN CHAIMAH

THAOOIZOCIAUICCTTamp

MAIIIY ITAIII~

BOARD OF HEALTH

Mr James George Trustee Charles George Reetemat ion Trust Dunshble Road Tynrgsborough Massachusetts 01879

Dear Mr George

EPD

JOHN P aMUISON J-- OlltCCTO 01 IULIC NL

March 1S 1982

The following Is update of av latest Inspection perforct In the preunce of Mr John Desmoncl Mr Dave Salvadore of DEOE Mr Ntlter ErlkMn Hezardous Waste Coordinator for the TCM~nmiddot of Tyngsborough Mr CNirlH George Jr end Mr Ja George Trvat for ttw Cher Lea George Land Reelaut lon Trust

Hoving oddmMCI tile problbulls lvlolotlonsl tliot existed In 1 preVIous Inspection ctted februery 20 1912 11 listed In wlolttlon tetter of March 4 ISJI2 to find thlt ry wtotatlon thlt w11 noted on this Inspection bullbullbull Indeed eddreuecl or was In the proeeaa of being corrected wu wery gratifying I wn aho plelled to find how far along the middotnew reclrculetlon ayatbull w11 end tile lnforNtlon tt tile IIbull fr- Involved to get It -letely on line bullbull being March 31 1912

Mr SlY~~-=t~=do~1~t~h~~= ~=-=tlon Truat for thelltt ~ration In thll entire Nt~er 1 look fCNWard to our next tlng and In keeping an o~ line of CG~MUnlcatlon hopefully brlnlng Molt a aolutlon thlt Is acc~t~le to all partles concerned

Co~y to J M Geary Jr F X Bellott i S ~ leonard

amp1( ampockebull

Very Truly Yours

A liUderback Or A Cor tese G Joll

DEPARTMENT OF THE ATTORNEY GENERAL

W oiDMN W Ma DDMADil aTATC DrtDIE 8UILDING

DNI AeHeU-MN ~~DII eDIITDN D81De

) l~J

1-tarch 24 1982

Suaan Bears 78 Cannongate Road Tyngsboro I1A 01079

Concerned Citizens of Tyngsboro co Mr Jerry Hudak 4 Axletree Road Tyn9 sboro HA 01879

Tyngsboro Citizenbull For A Safe Environment P O Box 139 Tyngaboro HA 01879

Thia office aharea your concern about potential drinking

water contamination at the Cannongate apartment complex Our

client the Maaaachuaetta Deprtment of Envirorunental Quality

Bngineering in conjunction with the United Stataa nvironMnt~l

Protection ~qeney haa tasted an4 will continua to monitor tha ~

) drinkinq middotwater at that c01Dplax to inaura that it remaina aafa

for hwun conaumption Another round of taating and analyaia

vaa initiated on March 15 Reaulta will be made aVailable aa

aoon aa we have them

There ia currently not aufficient evidence middotto eatabUah

in court that the chemical contaminantbull detected in trace levela

in the Cannon9ate well originate at the Charlea George landfill

Ke are nevarthaleaa carefully overaeeing the landfill a coapli-

ance wit the court judqment to make aure that it h run properly

and that qroundwater contamination ia eliminated

I underatan1 the concernbull that were generated by recent ~ IUCjgeations that the landfill ia not in compliance with regulashy

tiona and with the judqrent I believe that thoae auggeationl

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

DEPARTMENT OF THE ATTORNEY GENERAL

W oiDMN W Ma DDMADil aTATC DrtDIE 8UILDING

DNI AeHeU-MN ~~DII eDIITDN D81De

) l~J

1-tarch 24 1982

Suaan Bears 78 Cannongate Road Tyngsboro I1A 01079

Concerned Citizens of Tyngsboro co Mr Jerry Hudak 4 Axletree Road Tyn9 sboro HA 01879

Tyngsboro Citizenbull For A Safe Environment P O Box 139 Tyngaboro HA 01879

Thia office aharea your concern about potential drinking

water contamination at the Cannongate apartment complex Our

client the Maaaachuaetta Deprtment of Envirorunental Quality

Bngineering in conjunction with the United Stataa nvironMnt~l

Protection ~qeney haa tasted an4 will continua to monitor tha ~

) drinkinq middotwater at that c01Dplax to inaura that it remaina aafa

for hwun conaumption Another round of taating and analyaia

vaa initiated on March 15 Reaulta will be made aVailable aa

aoon aa we have them

There ia currently not aufficient evidence middotto eatabUah

in court that the chemical contaminantbull detected in trace levela

in the Cannon9ate well originate at the Charlea George landfill

Ke are nevarthaleaa carefully overaeeing the landfill a coapli-

ance wit the court judqment to make aure that it h run properly

and that qroundwater contamination ia eliminated

I underatan1 the concernbull that were generated by recent ~ IUCjgeations that the landfill ia not in compliance with regulashy

tiona and with the judqrent I believe that thoae auggeationl

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

) were baaed on an incomplete underatanding of the facta Por

your information I encloae a copy of the ~ recent inapection

report prepared by your local public health director One

additional point beara emphabullia If the landfill were cloaed

today ground water contamination could remain a problem for

yeara to come It ia the already exiatinq situation not the

operation of the landfill that poaea the potential problem

Thia type of environmental problem doea not admit of an natant

aolution nor doea the court judqment contemplate middotone The

judg~~ent doea contemplate that the reaponaible party will bear

the conaiderable coat of correctinq the problema at the ai te

under the overaight of oBQ B rather than having the taxpayerbull

bear tbampt burden

Ba1ardoua waate probl like thi1 one are both fri9bteain9

) becauae of their poeeible conaeqlencea and fruatratinq bllcauae of

the length of time they take to correct ~he Environmental Proshy

tection Divieion baa devoted an enorwgtUI uount of time to thia

-tter and will continue to do a Your co1111111nte and queetiona

concernin9 the eituation are welcae If you have epecific

queatinla to which you hava not received aatiefactory anawera

fHl free to contact Aaeietant Attorney General Stuart Jt Becker

who ie bullbullbulligned to thie cabullbullmiddot

Vary truly youra

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

)

Attooney General Franeh X Btllotti 1 As~burton Place Boston tbulluaehuaeth 02108

Dur )to Bllot~i

W w1t1ng to 7ou in regard tct a nr1ous problem that has the potntial or etractinc the hultb nfety and UYes ct 250 people who rice in a condoainiWI complex

ln the amplmlltr o 1951 w be~an havine- OUJ vater tutei by the m~ dnce w had noticed a Mwre chance in the color tute and odor o GU vater ln the tall IEQE nrballyen intorMd us that one ot DD wlla thould bll close~ dbull to chical eontallination Or othtr wll ta allo oontaa1nated but it 11 bullaampra to ue For tbe lut lilt 110ntha w blq nquutd this 1ntmbullt1on 1n w1tlnc fro IEQpound bat tht7 ban tailed to retpond middot

IM probable aoarce ot tt oontuinltlon b the Chart Gewp tldf1U vhick abuts JlloportJ Ill the put tho landtUl lanod a llconaa lly IIEQ tbat porlllttod tho lhlop1llf or baurlt0110 vaoto (1975-U A - ODOIampont cloorH rooontl7 oleno~ (tv ftll ltcbr U11ltant JttDrney General) vh1oh allowt the operation ot tht 1an4tW to cont1n111 enn thouch put ooneent deoreet han bHn Solated oontlnuoa]J

Cbu-1 Georre appearbull to be above tbt law and it that U 11 tht nlpont1bull bUltJ or pr1te eiUnn~ to purbullue b1a leraU 1ft Cllder uat nate lavs are

ontwood

Wt tin~ v1th town ott1c1ala aboat uppl)1nc town vater to u and thlr realdellta that ar ettected 1n the ara Howwr tb11 y taktl ~an and b7 thlr 1t MJ be too late tor u bull

VampJrt the Challea Gaor1bull lAndJW caPJI and oleaned up nov Th1a MY -nnt t111tlwtr che=lcal oontat1nation ot cnar water aGpplJ The ~ hu abo biter Milicent ai~bull w are unable to obtain 1nforr~ampt1on 1n vr1t1nc (aa requute ) 01tr water 1a not raquoe1rc tatted on a re1ular bampdbull (abull ~ bulltateS they would do)bull W ask trtl )011 bdp with this problea so that our health and ou- c~ildrenbull Maltb will be )lttected te hope w can nbulllber )our nL- podt1vel7 1-bullteaS c Mfamptinly 1n tutun political nntur

It 7W neei ampdlt1t1onal 1nforut1on or 1t rou decide you vould be vilUnc to helr ua pleaM write to

fYnibullboro C1l1cbullnbull For A Sampe lmir~n~ f o Box 1)9 rYnlbullboro Mlu 0189

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

)

Tynqsboro Citizens for bull Safe Environment PO Box 139

Tyngsboro fliiiA 81879

April 21 1982

Anthony Cortese co-isaloner OEQE 1 Winter St Bolton MA 12118

Dear Coaalsaloner Cortese

On March 291982 a hring was held by the Tyngsboro Board of Health regarding the operetions and conditions at the Charles George Recllaatlon Trust Present bullt thlt hearing vas a bullnber of yourJ Departbullent Mr John Deaaond

Mr DeDond proceeded under questioning by the loard of Health to defend the operations and the abo11lnable alta conditions at the landfill a known hazardous waste dullping middotground He choae to defend the landfills non cor~plhnca with the consent agrealllant between the Coabullonwaal th and the Truet 11nt1 defend the hndflll 1 nonconforbullance vlth DEOts requllltlons for solid vaate disposal

The justification for this t1ehnse h the hndftlls alleged co11plhnce vith the requlat i onl for which violltlons vere noted in letters by the Tynqaboro Health agent Mr John E11enon (enclosed) dated March 4 192 1nd March lS 1982

Thh alleqed compliance is also rehrenced in a letter tro111 Mr Steven Leonard of the States Environmental Protection Dlvhlon This letter dated 14arch 24 1982 (encloser1) was in response to letters sent by various prlvlte citizens and local citizens qroups (enclosed) concerning the conditions at- the Charles George Landfill and to point out their concerns due to contamination of nearby wells with hazardous chemicals The letter from lr Leonard wa s entered as testimony at the March 29 1982 hearinq by sst Attorney General Stuart Becker

Hoever Mr Emerson stated at the hearing that the compliance dealt only with the violations he no ted in his letter of March 4 1982 and not with any other aspects of the operation anc1 performance of the hnc1 till an~ its operators Heitner was his letter a justification of the adequacy of the proposed leachate collection system nor compliance with the consen judgement as the Leonard letter seems to imply

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

I

I I

I I

i ) we the Tyngsboro Citizens for a Safe Environaent do not understand how you as Co~amissioner of a department chartered to overate protection of the environment can allow members of your aUff to fall to act in a responsible 11anner to protect the public We aee one consent decree after another with no action but each one 11on detri11ental to the interesu and health of the residenu of Tyngsboro Each decree calling for leu penalties for non-compliance and less aggnuive enforcement action by your department It is apparent from the testimony of Mr Becker and Mr Desmond that the Commonwealth has an agreement not to prosecute the landfill trust and Mr George aa long as he is going through the motions in spite of the detdtllental health impacts on the residents of Tyngsboro the violation of State Lava and the pollution of the environment the pollution of recreational waters of the Commonwealth and the pollution of both surface and ground water drinkinq water auppl ies

Mr Leonard stated in his letter that bulltt 1a the bulllready existing situation not the operation of the llndfill that poses the potential problembull Thh simply h not true and continues to show Mr Leonards 11iaunderatandinq of the problem The continued poor operation at the landfill has caused and continues to cause public health problems and pollution problems However the IUCCeiJfUl effort by the Co-onwealth to shut out any input frobull Town officials and residents ln forbullullting the consent agreebulleilt has lad to 11 COIplete ignorance of the bullany problebullbull c11used by the landfills operation Mr Deabullond did not h11ve the courtesy or interest to stay at the publtc hearing to lhten to the cobullplainta and evidence presented by the reaidenta and the testllnony of their technical anc legal experts lt aee111 obvious that your office has 11bro9ated ita naponslbllity to the public and choaen to beco11e a public apolo9ht for the landfill

We belleve the failure to require the landfill to post 1 bond wtll lead to il dlustrous aitulltlon in the future which will require the State bullto foot the btllbull once the operations at the landflll have ter11ln11ted irr Deat~ond 1 a hliun to requtn the landfill to aubbullit the hydrological report by J11nuary 15 1982 as stated ln the consent a9reement has prolon9ed the lack ofbull solution to the pollution problem ln and I round the landfill and extended 1nd intenalfled the helllth rllk to the cobullmunity

We hereby request that your office and you personally Commhsioner in cooperation with Attorney Generals office take the following actions

1) See that the January 15 hydrogeoloqlclll study be co111pleted 111111edhtely and that the hazardous waste at the landfill be either removed or trellted with the appropriate technology no later than the conclusion of this calendar year

2 See to it that your office begins to protect its citizens who ne subject to significant health risk due to Georqes violations of the law

3) Close the Charles George Landfill until there is HIU compliance with the state laws and regulat i ons reqant1n9 operations of landfills

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

4) Close the Charles Geor9e Landfill until he obtains 11 bond sufficient to insure proper performance and ultimate closure

5) see that a fence Ia built around the Landfill to prevent refuse frobull lebullvin9 the aite and to keep children from entering that area

6) Increase the buffer zone between the residents end the landfill to minimize the health rhka to the residents locating the boundary of the lancfill no closer then 12 mtle to existing drinking water aupplha aa required by the DEQE regulations for drinking water supply

As the Comlasloner of the Commopnwellltha Regulatory -9ency for the protection of the environment we hereby request that you undertake the above conditionbull and direct your subordinates to enforce the law end reguletlona to protect the realdenta of the Cowuaonwealth Show thet the State cares about Ita citizens Your prompt response to this letter 1aappreciated

~xcJu_ TynCJaboro Ct thana for a Safe Envlron~~ent Lealie Like Acting Co-ordinator

cca Governor ldward IUnCJ Mr John Backler IPA Mr Andy Lauterbeck IPA Mr John beraon 1ynCJaboro Public Health Director

) Mr Prank llottl Attorney General loard of lalactbullen Tyntaboro us lenator ldvard Kennedy us Representative Jabullea Shannon ltate Senator Ph111p Shea Itate Repreaentattye lruce Praebullan

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

) Tyngsboro Citizens for

PO Box Tyngsboro

April 22 1982

Mr Frank Bellotti Attorney General 1 Ashburton Place Boston MA

Dear r Bellotti

a Safe Environment 139

MA IIJ1879

On March 29 1982 a hearing vas held by the Tyngsboro Board of Health reqardlng the haue of the health threat poaed by the operations an~

middot conditions at the Charles Geor91 Rechbullatlon Trun in Tyngsboro Attending the hearing wn a mnber of your auff Mr Stuart Becker

I Mr hcker vho was called to testify at the hearing by the Board ofI Health (BOH) proceeded to read into the record 1 copy of a letter ~attd March 24 1982 (enclosed) to Susan Beera at al frobull Mr Steven Leonard of the nvt rontnenul Division of your office Thh letter was in response to letters sent by various private cithena and local citizens 9roups (encloaedl concerning the conditiona at the Charles Georqe Landfill and to point out their concernbull due to contaaination of neuly welll with haurdous cheaicals

Hh justification for thtl defense h the hndfill bull alleqed coJnplhnce with state requlatton8 for which violations were noted in a letter by the Tyngsboro Health 1qent Mr John Emerson (enclosed) dated March C 1982 and ~arch 15 1982 The letter from -r Leonard notes thh alllqed colftpl lance

However Mr ampme non stated on the record that the compliance dealt only with the violations he noted in hil litter of March C 1982 and not with any other aspee~s of the operation and perforllance of the landfill and ita operators Neither was his letter a justification of the 1dequacy of tha proposed leachlte collection ayatelft nor co111pliance with the consent judgement as the Leonard letter seems to h1ply

We the Tyngsboro Citizens for a Safe Environment do not undentand how you an elected official sworn to uphold the laws of the Collllonwealth can allow members of your staff to fail to act responsibly in their job t o prot e c t the publ i c We see one conaent dec ree after another with no

---middot-middot

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

I) action Each one weaker than the previous one Each one more detri~nental to the interests and health of the residents of Tyngsboro Each one calling for less penalties for non co11pl1ance rather than more and each followed by less aqgressive enforcement action by your office

It is apparent from the testi mo ny of fllllr Becker and Mr Desmond of the DEQE that your office has an agreement not to prosecute the landfill trust and Mr George as long as he is bull9oing through the moti ons bull in spite of the detrimental health impacts on the residents of Tyngsboro and the violation of State laws the pollution of the env ironment the pollution of recreational waters o f the CoiNIonwealth and pollution of both surface and ground water of the drinkinq water supplies

In addition we take exception to the statement in Mr Leonard s let t er that There is currently not sufficient evidence to establ i sh i n court that the chemical contaminants detected in trace levels in the Cannongate we ll originate at the Charles middotGeorqe landfill That is only his opinion and not one of a trained expe rt in chemistry or hydrology and to state such in a letter shows a great hck of judge~aent

Mr Leonard qoes on to state in his l e tter thfllt It is the already existing Situation not the operation of the landfill that poses the potenthl problem This simply is not true and continues to show Mr Leonards misundersUndi ng of the problem The continued poor operetion at the landfill has causer an~ continues to cause public health proble11s and pollution problems However the successful effort by your assistants to shut out the input from Tovn officials and residents in foraulatlnq the consent aqreement has led to a coaplete iqnorance of the aany problbullbull caused by the landfill a operations Mr Becker did not even have the courtesy or interest to stay at the public hearing t o listen to the colftplaints and evidence presented by the residents and the testi11ony of their technical anrl legal experts

It seems obvious that Mr Le onard and Jttr Becker have 11broq11ted their responsibility to the public and chosen to become public apologists for the hndf 111 They have also chosen not to enforce the consent 11qree111ent in which they participated in neqothtinq even bullbull weak bull document liS 1 t h the fact that the counsel for the lllndfill is bull former 11e11ber of your staff we hope has not clouded the judqe11ent of your present staff in choosing not to rigorously enforce the r egulations and laws of the Commonwealth

We believe their failure to require the landfill to post a bond will lead to a disastrous situation in the fut ure vhich wil require the State to bulltoot the bill once the operations at the landfill have terminate bull

Their failure to -cequire the landfill to do the hydrogeological report by January 15 1982 as stated in the consent aqreelllent has prolonqed the lack of solution to the po llution proble1r1 in and around the landf ill and extended and intensified the health risk to the community

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

We request that you peraonall) Mr Bellotti take the follovin9 actiona 1

1) See that the January 15 hydroqeological study be completed itnmedhtely and that the hazardous waste at the Landfill be either removed or treated with the appropriate technoloqy no later than the conclusion of this calendar year

2 See to it that your office begin protectinq its numerous cithens who are subject to a alqnltlcant health risk due to Geor9es violations of the law

3) Close the Charles Geor9e Landfill until there is lOR complhnce with the state lava and requlations reqardinq operation of a landfill

4) Close the Charles George Landfill until he obtains a bond sufficient to insure proper performance and ultiaate closure

5) Baa that a fence h built around the Landfill to prevent refuae fr011 leavtnq the site and children fr011 anterinq that area

I) Increase the buffer zona between the raaldanta and the Landfill to bulllnlahe the health risks to the residents and loeattng the boundary of the landfill no closer than 12 alle to axhtlng drinkinq water supplies as required by DIQI regulations for drinking water auppltea

Aa the anforeant agent In the State we request that you undertake the above condtttona and direct your subordinates to enforce the latt as It vaa bullbullant to protect the raaldants of the Coaaonwealth Show that the ltata cares about i tl c 1tt ampana

~9ak_ Tynqaboro CJ~Inl for a Safe lnvtrouent Lealie Like ActlnCJ Co-ordinator

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913

EnclOIUUI

CC Governor EdYa r d Plnq Mr John Hackler EPA Mr An draw Lauterback EPA r John haraon yngaboro Public Health Director loard of Seleet11en Tyn9aboro Kr Anthony Corteae DOE State Senator PhUp Shea State Repnaentatlve lruca ruan us Repreaentatlve Jaaea Shannon US Senator Edward kennedy

  1. barcode 554913
  2. barcodetext SDMS Doc ID 554913